HomeMy WebLinkAbout03-06-08 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
• MARCH 6, 2008
The March 6, 2008 Planning Commission meeting was called to order by Chair
Drotning in the City Hall Council Chambers at 6:00 p.m.
Flag pledge and roll call of members:
Present: Manikowski, Lillehei, Drotning, Grenz, Davis, Ex-officio Bussler.
Absent: Pattee.
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Allyn Kuennen, Associate Planner; Jay Rubash, Assistant City Engineer; Daniel
Licht, Northwest Associated Consultants (NAC); Andrea Poehler, Assistant City
Attorney; and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The February 21, 2008 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey indicated that the following items were distributed to the Planning
Commission at tonight's meeting:
L Letter from Linda and Gary Turpening regarding Agenda Item 7, the
Holt Avenue parking lot Conditional Use Permit and Variance.
2. E-mail from a resident regarding Agenda Item 6 Brackett's Crossing
Conditional Use Permit.
3. E-mail from a resident regarding Agenda Item 10, the Draft 2008
Comprehensive Plan Update.
Mr. Morey introduced the Planning Commission s newest member, Jason Glad,
who was in the audience tonight. Mr. Glad will be sworn in as a Planning
Commissioner at the Apri13, 2008 meeting.
Mr. Morey commented on the March 20~ Planning Commission meeting and
stressed that we will need all four members that are available that night to be in
attendance so that we have a quorum.
Chair Drotning welcomed Mr. Glad and indicated that after tonight's meeting he
would like to introduce him to the Planning Commission.
Planning Commission Meeting
March 6, 2008
Page 2
ITEM 5. CONSENT AGENDA
Commissioner Lillehei requested that the Amy Smith request be removed from the
Consent Agenda for further discussion. He felt that Stipulation 1 of the February
27, 2008 planning report should be amended to read:
1. The special home occupation permit shall expire 8 April, 2011, at which
time the applicant may file for an extension of up to three years a#~e
~r r'_____"
Commissioner Lillehei stated that because staff did not know if there would be a
cost to the applicant in three years, the paragraph should be amended.
Mr. Morey stated that the City receives the application fee at the time the original
application is submitted and the City's fees are reviewed annually by the City
Council. He was fine with the amended wording.
08.12 Motion was made and seconded to recommend to City Council approval of the
Amy Smith three-year extension of a Special Home Occupation Permit to allow a
hair salon in her single family home, located at 16524 Jaguar Avenue, subject to the
2 stipulations listed in the February 27, 2008 planning report, as amended.
Ayes: Manikowski, Lillehei, Drotning, Grenz, Davis.
Nays: 0
ITEM 6. BRACKETT'S CROSSING COUNTRY CLUB
Chair Drotning opened the public hearing to consider the application of Bracken's
Crossing Country Club for a Conditional Use Permit to allow the construction of a
banquet room expansion onto the existing Bracken's Crossing Country Club,
located at 17976 Judicial Road. The Recording Secretary attested that the legal
notice had been duly published in accordance with State Statutes and City Code.
Patrick Giordana, from BDH & Young Space Design presented an overview of their
request. Joel Cooper from James R. Hill and Steve Allen from Bracken's Crossing
Country Club were also in attendance. Mr. Giordana was in agreement with the
stipulations listed in the February 29, 2008 planning report.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that Bracken's Crossing Country Club has submitted an application for a
conditional use permit to allow the construction of an addition onto the south side
Planning Commission Meeting
March 6, 2008
Page 3
of the existing club house. He indicated that the addition will include a first floor
banquet facIlity with a matching lower level storage area.
Mr. Kuennen reviewed the applicable performance standards for evaluating the
condi5onal use permit per the Zoning Ordinance, which are listed in detail in the
February 29, 2008 planning report.
Mr. Kuennen indicated that the parking lot will be required to be seal coated and
restriped to meet the drive aisle width and parking stall depth requirements of the
Zoning Ordinance.
Mr. Kuennen also indicated that the required number of handicapped stalls must
be appropriately located and provided on the site and the plans must be revised to
meet this requirement prior to City Council consideration of the conditional use
permit.
Mr. Kuennen stated that should the Planning Commission recommend to the City
Council approval of the conditional use permit, Planning Department staff
recommends approval subject to the 5 sfipulations listed in the February 29, 2008
planning report, and approval of the Findings of Fact dated March 6, 2008.
Chair Drotning opened the hearing to the public for comment.
There were no comments from the audience.
08.13 Motion was made and seconded to close the public hearing at 6:15 p.m.
Ayes: 5 Nays: 0
Chair Drotning referred to the letter that was received by the Planning Commission
from a resident questioning the current lighting of the parking lot. It was agreed
that a stipulation will be added to shield the existing parking lot and exterior
building lighting as required and to have a photometric plan submitted for review
of the parking lot and exterior building lighting in conjunction with the building
permit for the proposed addition.
The Planning Commission confirmed that there would be no other use besides
storage in the lower level of the addition. Mr. Allen agreed. Mr. Allen was notified
that if they were to change the use of the lower level, the existing parking would
have to be evaluated to insure the site met the required number of parking stalls.
Commissioner Lillehei pointed out that the current dumpsters on the south side of
. the building should be enclosed per the Zoning Ordinance.
Planning Commission Meeting
March 6, 2008
Page 4
The Planning Commission recommended the following stipulations be added:
6. A photometric plan shall be submitted prior to the issuance of a building
permit for the proposed addition.
7. The existing dumpsters shall be screened in compliance with Zoning
Ordinance requirements.
08.14 Motion was made and seconded to recommend to City Councfl approval of the
BracketYs Crossing Country Club Conditional Use Permit to allow the construction
of a banquet room expansion onto the existing Brackett's Crossing Country Club,
located at 17976 Judicial Road, subject to the 5 stipulations listed in the February 29,
2008 planning report, with the addition of Stipulations 6 and 7, and approval of the
Findings of Fact dated March 6, 2008.
Ayes: Lillehei, Drotning, Grenz, Davis, Manikowski.
Nays: 0
ITEM 7. METRO EQUITY MANAGEMENT
Chair Drotning opened the public hearing to consider the application of Metro
Equity Management for the following, located at 20675 Holt Avenue: A.
Conditional Use Permit to allow the expansion of an off-site parking area located
within the C-CBD, Central Business District; B. Variance from the required 15 foot
parking lot setback adjacent to Holt Avenue. The Recording Secretary attested that
the legal notice had been duly published in accordance with State Statutes and City
Code.
Mark Hotzler, owner of Metro Equity Management presented an overview of his
project. He indicated that he had discussions with some of the neighbors prior to
tonight's meeting and he has agreed to some compromises with the parking lot
design.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that Mark Hotzler, Metro Equity Management, has submitted an application
for a conditional use permit to expand an existing off-site parking lot from 23
parking spaces to 44 parking spaces. He indicated that the applicant is proposing
to administratively combine two parcels into one lot and construct a new off-site
parking lot on the new parcel. Mr. Kuennen stated that access to the site will be
from two private drives off 207 Street which will allow the efficient flow of
vehicles in and out of the site. The existing internal access drive connecting to the
office parking lotto the west will be removed.
Planning Commission Meeting
March 6, 2008
Page 5
•
Mr. Kuennen stated that the existing parking lot does not include perimeter
landscaping. The new plan, however, includes extensive landscaping around the
perimeter of the parking lot, including trees, shrubs, and fences, to address the
concerns expressed by the adjacent residential property owners in regard to
headlights and aesthetics.
Mr. Kuennen reviewed the applicable performance standards for evaluating the
conditional use permit per the Zoning Ordinance, which are listed in detail in the
February 29, 2008 planning report.
Mr. Kuennen indicated that the applicant is also requesting a variance to reduce the
15 foot setback adjacent to Holt Avenue. He stated that the 3.7 foot variance is
being requested to reduce the setback to 11.3 feet and to allow the parking lot to be
designed with the parking stalls facing east and west per the request of the
residential neighbor to the north to reduce the number of vehicles adjacent to their
property and to reduce the potential for headlights shining in their direction.
Mr. Kuennen reviewed the Zoning Ordinance criteria for consideration of the
proposed variance request, which are listed in the February 29, 2008 planning
. report. He indicated that the proposed variance request to allow the parking lot to
encroach approximately 3.7 feet into the 15 foot setback along Holt Avenue meets
the criteria for granting the variance.
Mr. Kuennen stated that should the Planning Commission recommend to the City
Council approval of the Metro Equity Management conditional use permit and
variance, Planning Department staff recommends approval subject to the 2
stipulations listed in the February 29, 2008 planning report, and approval of the
Findings of Fact dated March 6, 2008.
Chair Drotning opened the hearing to the public for comment.
R. Gleu Nord, 20655 Holt Avenue
Mr. Nord presented a revised proposed compromise of the original plan, which has
been agreed to by Mr. Hotzler. Mr. Nord endorsed this plan. He indicated that he
wanted to be able to come back to the microphone if this compromise is not
accepted by the Planning Commission.
Gary Turpening, 20670 Holt Avenue
Mr. Turpening felt that taller Arborvitaes should be used to screen the parking lot
along Holt Avenue. He endorses the revised plan presented by Glen Nord.
Planning Commission Meeting
March 6, 2008
Page 6
Bruce Hudoba, 4400 207th Sfreef E.
Mr. Hudoba does not want people cutting through his property to get to the
parking lot, so he is in favor of some type of solid fencing or landscaping along the
west side of the parking lot.
Colleene Ortner, 20665 Holt Avenue W.
Ms. Ortner approves of the revised plan presented by Glen Nord.
Jason Glad, 20699 Hazelwood Trail
Mr. Glad asked if the variance was being requested due to the 2-way flow of traffic
through the parking lot and if this variance request is recommended to City
Council, will it set a precedent.
Virigina Emond, 20670 Holyoke Avenue
Ms. Emond would like a good solid line of plantings or a fence along the west side
of the parking lot so people dori t try to take short cuts through her property.
Judy Tschumper, Downtown Lakeville Business Association
Ms. Tschumper is the Director of the DLBA. She indicated that there are many
wonderful things happening in the downtown. She felt that this is a very pleasing
parking lot. It will be good for the residents that visit the downtown area and for
employees that work in the area. Ms. Tschumper stated that the DLBA supports
this parking lot.
Mr. Nord stated that there are significant legal arguments to pursue if the
compromise plan is not agreed upon tonight and wished to have the public hearing
left open.
Char Drotning stated that any legal arguments between property owners. will not
be heard at tonight's Planning Commission meeting. Since the Planning
Comm;GSion has no authority over civil issues between property owners, this
would be a private matter to be settled by the two property owners.
No motion was made to close the public hearing so the public hearing remained
open.
Break at 6:55 p.m.
Reconvened at 7:10
Mr. Hofzler explained what the compromise plans for the parking lot will look like,
• including landscaping, fencing, and lighting.
Planning Commission Meeting
March 6, 2008
Page 7
•
Assistant City Attorney Poehler explained that by approving this variance there
would not be a legal precedent set. There may be political precedent. She indicated
that each variance request is evaluated on its own merit.
Chair Drotning presented some history on Central Business District setback. issues
that were modified with the 2000 Zoning Ordinance update to address on-going
setback problems experienced by homeowners trying to improve their properties.
Mr. Kuennen reviewed the specific criteria for this variance request, which are
listed in the February 29, 2008 planning report.
Mr. Hotzler indicated that regarding parking circulation, there is room enough for
two way traffic on both sides of the parking lot. People will not be driving through
Glen Nord's parking lot because that access between the parking lots will be
removed. He indicated that the existing old residential driveway off of Holt
Avenue will be removed.
Assistant City Engineer Jay Rubash indicated that the existing parking lot does not
meet minimum stall size and aisle width standards. However, the proposed
parking lot is compliant with these standards and is a safe design for access and
two way traffic circulation. Engineering Department staff recommends installing
"no parking" signs adjacent to the parking lot on 207 Street to improve sight lines
and traffic circulation.
Chair Drotning asked about snow removal. Mr. Hotzler stated that they will
continue to haul snow off of this property just like he does for his other downtown
properties.
Commissioner Grenz indicated that this is quite an investment and asked Mr.
Hotzler how he will profit from constructing this parking lot. Chair Drotning
stated that this was not an issue for the Planning Commission to consider and it
was up to the applicant if he wished to answer the question. Mr. Hotzler indicated
that this is the first step in an overall redevelopment plan that he has for the
properties he owns in the downtown. He is looking at the big picture to insure the
businesses that lease space from him have enough parking available for their
customers.
Mr. Hotzler reviewed the compromise plan.
? Brick pillars and wrought iron fencing in the northwest comer and
southwest corner will be relocated to be placed along Holt Avenue.
Planning Commission Meeting
March 6, 2008
Page 8
? A solid wall of landscaping will be installed along the west property
line adjacent to the residential uses to prevent cut through pedestrian
traffic.
? The brick pillars and fencing between the access points along 207+
Street will be eliminated.
? Lighted bollards will be installed along the west and north property
line to provide security lighting.
? The brick pillars along Holt Avenue will be 5 feet tall and the fence
will not exceed 3 feet.
A A continuous row of arborvitae shrubs will be installed along Holt
Avenue between the fence and curb of the parking lot.
? A six foot tall maintenance free vinyl fence will be installed along the
north property line and connected to the brick pillars and fence along
Holt Avenue in the northeast corner of the site.
? The existing lilacs along the north property line are to be preserved.
Mr. Glen supports the additional parking spaces, but would like staff to consider a
one-way traffic flow through the lot.
Mr. Morey stated that there have been many plan iterations presented by the
applicant with this request trying to achieve safe and efficient on-site traffic
circulation. The current plan is the safest and best design with the least impact on
the adjacent residential areas.
The following additional stipulations were recommended by the Planning
Commission:
3 "No parking" signs shall be placed adjacent to the parking lot along
207 Street.
4. Snow storage shall not occur on the paved parking lot.
08.15 Motion was made and seconded to close the public hearing at 7:50 p.m.
Ayes: 5 Nays: 0
08.16 Motion was made and seconded to recommend to City Council approval of the
Metro Equity Management Conditional Use Permit to allow the expansion of an
off-site parking area located within the C-CBD, Central Business District and
variance from the required 15 foot parking lot setback adjacent to Holt Avenue,
located at 20675 Holt Avenue, subject to the 2 stipulations listed in the February 29,
2008 planning report, with the addition of Stipulations 3 and 4, and approval of the
Findings of Facts dated March 6, 2008.
Planning Commission Meeting
March 6, 2008
Page 9
•
Ayes: Drotning, Davis, Manikowski, Lillehei.
Nays: Grenz. Mr. Grenz feels there is not sufficient hardship to grant a variance.
Break at 7:52
Reconvened at 8:00
ITEM 8. AGGREGATE INDUSTRIES, INC.
Chair Drotning opened the public hearing to consider the application of Aggregate
Industries, Inc. for an amendment to the Nordic Square Planned Unit Development
(PUD) to allow Aggregate Industries, Inc. gravel mining operations 24 hours a day,
seven days a week, on land located south of 160a' Street (CSAH 46) and east of Pilot
Knob Road (CSAH 31). The Recording Secretary attested that the legal notice had
been duly published in accordance with State Statutes and City Code.
Bob Bieraugel from Aggregate Industries presented an overview of their request.
He wanted to clarify that they are requesting trucking, not mining, be conducted 24
hours a day. Mr. Bieraugel commented on Stipulation 1 and requested that it read
December 31, 2011 to allow the removal of stockpiles during that year. He also
commented on the statement in the February 29, 2008 engineering report that
recommends that a minimum of six inches of topsoil be spread over completed
areas before permanent stabilization. Mr. Bieraugel does not feel that this would
help the dust control and Aggregate Industries already has a dust control plan in
place.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Aggregate Industries, Inc. is proposing an amendment to the Nordic
Square Planned Unit Development (PUD) to allow gravel mining operations 24
hours a day, seven days a week for the remaining timeframe of their mining lease
with Cobblestone Lake, LLC. He indicated that the proposed extended hours and
extra day is to allow flexibility to haul sand and aggregate materials in compliance
with State of Minnesota bid requirements that require operators to truck materials
during night-time hours to avoid daytime traffic impacts.
Mr. Dempsey stated that the sand pile identified in the Nordic Square 1993 Plan
update as Area 17 will continue to be the location of the sand stockpile that would
be the focus area for sand and aggregate hauling operations for the extended hours
of operation.
Mr. Dempsey indicated what the surrounding uses are and stated that staff
recommends that trucks be restricted to enter and exit at the 160TH Street (CSAH 46)
Planning Commission Meeting
March 6, 2008
Page 10
access between 10:00 p.m. and 6:00 a.m. and on Sundays due to the amount of truck
traffic during the extension period and possible impacts on residential areas west of
Pilot Knob Road.
Mr. Dempsey indicated that the noise during the extended hours will be restricted
to a loader, bulldozer and semi-trucks picking up sand and aggregate and
unloading material brought onto the site.
Mr. Dempsey stated that a neighborhood meeting was hosted by Aggregate
Industries, Inc. on February 28, 2008 at Apple Valley Middle School. He indicated
that four residents of Spirit of Brandtjen Farm were in attendance. Their questions
and concerns were addressed by Aggregate Industries, McNamara Contracting,
Inc., Tradition Development, and City staff. Residents requested that an additional
neighborhood meeting be held soon after the extended hours of operations begin.
He stated that the residents that attended the neighborhood meeting were given a
24 hour contact number from Aggregate Industries in the event of any operational
complaints or other concerns.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the Aggregate Industries, Inc. PUD amendment, Planning
Department staff recommends consideration of the 8 stipulations listed in the
February 29, 2008 planning report.
Chair Drotning opened the hearing to the public for comment.
John Viens, 16745 Asterbilt Lane
Mr. Viens resides in the townhomes in Spirit of Brandtjen Farm. His main concern
is dust control and heavy equipment operating 24 hours a day. He wanted to know
what is required by the City for dust control and what recourse, as a resident, he
has if these requirements are not followed.
Card Stimson, 16749 Asterbidt Lane
Mr. Stimson also resides in the Spirit of Brandtjen Farm townhomes. He is
concerned with the 24/7 operation. He stated that his neighborhood tends to be a
tranquil place on Saturdays and Sundays and he's worried what it will be like when
they start running 24/7. He is also concerned about dust control.
08.17 Motion was made and seconded to close the public hearing at 8:18 p.m.
Ayes: 5 Nays: 0
Planning Commission Meeting
March 6, 2008
Page 11
Commissioner Davis asked Mr. Bieraugel to explain their current dust prevention
procedures. Mr. Bieraugel stated that there is a dedicated water truck and driver
that runs the site daily.
Commissioner Grenz questioned why 160a' Street is the recommended entrance
and exit point between the extended hours and on Sundays when they would have
to make a left turn onto 160+ Street. Mr. Rubash stated that the recommendation is
due to the proximity of the Fieldstone Creek neighborhood across Pilot Knob Road
to the west and because there is an existing concrete pad in the roadway at the 160t1`
Street driveway. There will also be less traffic at those hours, so a left turn should
not present traffic safety issues.
The Planning Commission discussed entering and exiting onto 160 Street or Pilot
Knob Road, the location of the nearest residents, and existing berms along 160
Street. Mr. Bieraugel indicated that circulation on their site would not be affected
by using either driveway. He indicated that he thought Pilot Knob Road would be
abetter entrance/exit due to it being a signalized intersection.
There was a discussion regarding street sweeping at either driveway location and
Aggregate Industries indicated that they sweep the streets every Tuesday and
Thursday. Mr. Rubash indicated that Aggregate Industries is a good operator and
they keep the streets safe and free of debris. Commissioner Bussler acknowledged
that at times the streets can get muddy and dusty but not out of the ordinary for
this type of use.
Chair Drotning asked about a wait and see attitude toward Aggregate Industries'
request to allow operations until 2011. Mr. Morey stated that the requested
removal of stockpiles in 2011 would not fall under the site restoration that is
allowed within that time frame and, as such, staff is reluctant to extend operations
to 2011 at this time.
Chair Drotning stated that Aggregate Industries should complete their operations
prior to December 31, 2010 as stipulated.
The Planning Commission recommended the following change to Stipulation 3 of
the February 29, 2008 planning report:
3. Ingress and egress between the hours of 10:00 PM and 6:00 AM and
all day on Sundays shall be restricted to the north access on 160a'
Street (CSAH 46), unless a public safety issue arises as determined by
Ci staff.
Planning Commission Meeting
March 6, 2008
Page 12
Chair Drotning stressed to Mr. Bieraugel that they need to communicate with the
neighbors and the neighbors need to be able to communicate with Aggregate
Industries.
Mr. Stimson asked for clarification regarding hauling on some Saturday and
Sundays. Mr. Bieraugel stated that if, due to weather conditions, they were not able
to haul during the weekdays, they may need the weekend to make up that time.
08.18 Motion was made and seconded to recommend to City Council approval of the
Aggregate Industries, Inc. amendment to the Nordic Square Planned Unit
Development (PUD) to allow Aggregate Industries, .Inc. gravel mining operations
24 hours a day, seven days a week, on land located south of 160+ Street (CSAH 46)
and east of Pilot Knob Road (CSAH 31), subject to the 8 stipulations listed in the
February 29, 2008 planning report, as amended.
Ayes: Grenz, Davis, Manikowski, Lillehei, Drotning.
Nays: 0
ITEM 9. MCNAMARA CONTRACTING, INC.
Chair Drotning opened the public hearing to consider the application of McNamara
Contracting, Inc. for an amendment to the Nordic Square .Planned Unit
Development to extend the expiration date of the existing asphalt plant from
December 31, 2008 to December 31, 2010, on land located south of 160th Street
(CSAH 46) and east of Pilot Knob Road (CSAH 31). The Recording Secretary
attested that the legal notice had been duly published in accordance with State
Statutes and City Code.
Mike McNamara from McNamara Contracting, Inc. presented an overview of their
request.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that McNamara Contracting, Inc. has been operating at its present location in
Nordic Square since 2004. He indicated that the applicant is requesting a two year
extension to allow it to continue to operate in conjunction with Aggregate
Industries, Inc., the company that runs the sand and aggregate operation in the
Nordic Square PUD, until December 31, 2010.
Mr. Dempsey reviewed the criteria that are under consideration as to whether the
proposed use would be appropriate within the PUD District. He indicated that the
criteria have been, and continue to be, met.
Planning Commission Meeting
March 6, 2008
Page 13
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Mr. Dempsey stated that four of the 17 existing single family homes and five of the
13 existing townhomes are occupied at this time in the Spirit of Brandtjen Farm
development. He indicated that these homes, along with the Apple Valley and
Rosemount single family homes on the north side of 160 Street (CSAH 46) are each
screened by a significant earthen berm.
Mr. Dempsey indicated that the access to the McNamara Contracting, Inc. site off of
160ei Street and the hours of operation will not change.
Mr. Dempsey stated that implementation of the Nordic Square restoration plan will
facilitate removal of the asphalt plant by December 31, 2010. He indicated that the
requested time frame for closure and removal of the asphalt plant corresponds to
the planned end date for all mining related activities within the Nordic Square
PUD.
Mr. Dempsey stated that should the Planning Commission recommend to the City
Council approval of the PUD amendment, Planning Department staff recommends
consideration of the 4 stipulations listed in the February 29, 2008 planning report.
. Chair Drotning opened the hearing to the public for comment.
Carl Stimson, 16749 Asterbilt Lane
Mr. Stimson distributed a Spirit of Brandtjen Farm Addendum to Purchase
Agreement, which states in part "By agreement with the Developer and pursuant to
stipulation of the City's operating permit, the asphalt plant has the right to continue
to operate in its present location until December 31, 2008 and then must be
relocated off the site." He thought he was well informed due to documents such as
this addendum. Mr. Stimson wanted to know what assurances they would have
that they would not keep asking for extensions. The document was received by the
Planning Secretary and will be part of the record.
Jahn Viens, 16745 Asterbilt Lane
Mr. Viens stated that he moved into his townhome in April of 2007. He was
assured by the developers and realtors that the 2008 end date was true for the
asphalt plant relocation.
Rob Wachholz, Tradition Development, Spirit of Brandtjen Farm
Mr. Wachholz agreed that he volunteered to put this Addendum together. He
explained that he believed that they would be building homes far closer that 1/z mile
of the asphalt plant at this point in time, but they are not, due to the downturn in
. the housing market. He indicated that having the asphalt plant stay where it is past
Planning Commission Meeting
March 6, 2008
Page 14
•
2008 would not have a negative impact to the development as had been originally
anticipated. He feels this request by McNamara Construction is appropriate.
Mr. Wachholz stated that he did talk to the residents of Spirit of Brandtjen Farm.
He explained to them that he felt it was a reasonable request and McNamara
Construction and Aggregate Industries are good and respectful operators.
Chair Drotning asked Mr. McNamara where the asphalt plant will be relocated.
Mr. McNamara stated it would be moved to the east adjacent to Hwy. 3.
The Planning Commission discussed the Addendum to the Purchase Agreement
and the impact it had on the residents and their trust in the Spirit of Brandtjen Farm
developer and the City. The Assistant City Attorney stated that the City is not
bound by these agreements.
Mr. Morey stated that the development of Spirit of Brandtjen Farm has been slower
than expected due to the housing market slow down. It had been anticipated that
the development area would be closer to the asphalt plant by this time. Mr. Morey
stated that staff feels that this modification in consistent with the Aggregate
• Industries 2010 operation time frame and recommends approval of the PUD
amendment request.
Chair Drotning felt there was a credibility factor involved and the Planning
Commission should consider impacts to property owners.
Commissioner Davis stated that given the location of the asphalt plant and the
distance from the property owners, he would agree to extend the expiration date of
the asphalt plant to 2010. He felt that the Addendum to Purchase Agreement does
not require the asphalt plant to close by December 31, 2008. Commissioner
Manikowski felt that the property owners who read the addendum would take it to
mean the asphalt plant was closing by December 31, 2008.
The Planning Commission asked Mr. McNamara if they had the government
approvals and permits iri connection with their relocation. Mr. McNamara stated
that he did not have any approvals yet with Empire Township where the asphalt
plan will be relocated.
Mr. Wachholz stated that some of the Spirit of Brandtjen Farm neighbors do not feel
that the requested extension is a problem, but they are not in attendance at
tonight's meeting. He reminded the residents and the Planning Commission that
Planning Commission Meeting
March 6, 2008
Page 15
Aggregate Industries will operate at their present location until December 31, 2010
and that McNamara Construction is just a small part of that overall operation.
08.19 Motion was made and seconded to close the public hearing at 9:45 p.m.
Ayes: 5 Nays: 0
08.20 Motion was made and seconded to recommend to City Council approval of the
McNamara Contracting, Inc. amendment to the Nordic Square Planned Unit
Development to extend the expiration date of the existing asphalt plant from
December 31, 2008 to December 31, 2010, on land located south of 160s' Street
(CSAH 46!) and east of Pilot Knob Road (CSAH 31), subject to the 4 stipulations
listed in the February 29, 2008 planning report.
Ayes: Davis.
Nays: Grenz, Manikowski, Lillehei, Drotning. Commissioners Grenz,
Manikowski and Lillehei felt that the City needed to keep the commitment that
was stated in the Addendum to Purchase Agreement for Spirit of Brandtjen Farm
and the commitment to the Spirit of Brandtjen Farm PUD. Chair Drotning stated
that he felt the date in the Addendum is important, even if the City is not legally
• bound by it.
ITEM 10. CITY OF LAKEVILLE
Chair Drotning opened the public hearing to consider the Draft 2008
Comprehensive Plan. The Recording Secretary attested that the legal notice had
been duly published in accordance with State Statutes and City Code.
Associate Planner Allyn Kuennen presented a PowerPoint explaining initial work
sessions and City CouncIl designations and what has occurred regarding public
input. He stated that public participation has been very good throughout the
process.
Daniel Licht from NAC continued the PowerPoint presentation with an overview
of the Draft 2008 Comprehensive Plan.
Mr. Licht summarized the significant changes to the MUSA Staging Plan that City
staff, SRF, Inc. and NAC collectively developed, which are listed in the February 29,
2008 planning report.
Mr. Licht stated that the City Council, Planning Commission and City staff has
• .reviewed the existing 2020 Land Use Plan map and comments received during the
Planning Commission Meeting
March 6, 2008
Page 16
public meetings and presented the modifications. He noted that the boundaries of
several of the Planning Districts were modified slightly in response to changes
made to the MUSA Staging Plan Map and 2030 Land Use Plan.
Mr. Licht outlined the next steps in the review process. He stated that the purpose
of tonight's public hearing is to consider distribution of the draft 2008
Comprehensive Plan for a mandatory six month review period. He indicated that
comments received from surrounding communities, school districts, and other
government jurisdictions will be considered by the Planning Commission and City
Council at work sessions after the close of the comment period to incorporate
Pdditional plan modifications as applicable. Another public hearing will then. be
conducted to consider submission of the draft 2008 Comprehensive Plan update to
the Metropolitan Council for review. Mr. Licht stated that upon receipt of the
Metropolitan Council's review comments, there may be a need for additional work
sessions and/or public hearings to consider the changes.
Assistant City Engineer Jay Rubash presented the System Elements of the Draft
2008 Comprehensive Plan, including Water Resources Management Plan, Water
Distribution Plan, Comprehensive Water Collection Plan, Sanitary Sewer: Ultimate
• Trunk System, and the Transportation Plan.
Chair Drotning opened the hearing to the public for comment.
Chad Baker, 20959 Jury Court
Mr. Baker represents the Cross Family. He stated that previous drafts identified 2.5
acres of the Cross property to be included in the Medium Density Residential
designation. Mr. Baker stated that the maps that are being shown today identify
the entire Cross property as Low/Medium Density Residential consistent with the
existing 2020 Land Use Plan. He is requesting that the 2.5 acres of their property be
changed to Medium Density Residential as they were originally led to believe.
Carol and Mike Gillen, 16600 Judicial Road
Mr. Gillen stated that he was opposed to putting a trail through their property, as
originally shown on the 2006 Park, Trail and Open Space System Plan map. He
thanked the City for removing the trailway from his property. He feels the revised
location, adjacent to 168 Street, is a much better location. Mr. Gillen commented
that he does not think they were ever notified of the proposed future trailway on
his property and he wanted to be sure that if anything were proposed for his
property in the future, he would be notified ahead of time.
•
Planning Commission Meeting
March 6, 2008
Page 17
•
Donald Jensen, Lakeville Residential, LLC
Mr. Jenson questioned the decision made for the land and zoning on the north side
of Vermillion Ridge Estates. He requested the land use be revised to a high density
residential.
Ginny Lampert, 11062 Kenora Way
Ms. Lampert questioned what the "restrictive' and "Public and Quasi Public' titles
on the Land Use Plan meant. She had not seen these types of classifications before.
She was concerned with the transition to the Kenwood Oaks neighborhood and
that there would be no buffering between the commercial and residential uses. She
also questioned traffic issues and patio ordinance distances. She would like the
commercial designation on the Jackson Landscaping property removed.
No motion was made to close the public hearing so the public hearing remained
open.
Mr. Licht responded to Mr. Baker's concern regarding the Cross property. He
indicated that the intent was for the 2.5 acre property to be classified as
• Low/Medium Density Residential consistent with the existing land use map, but
there was basically a typo in the earlier versions of the draft Land Use map. Mr.
Licht stated that if a development is submitted that integrates both the Cross and
Warweg properties, it is possible to amend the Land Use Plan to reflect that
development proposal.
Regarding the Gillen s concerns, Mr. Licht explained the public process and how
people were notified when the Parks, Trails & Open Space Plan was updated and
that the City had a public involvement. process for soliciting public comments. He
indicated that every effort is made to contact all households, but it is virtually
impossible to guarantee that every person gets contacted directly.
Chair Drotning stated that the public also has the responsibility to pay attention to
public notices, attend meetings, etc. in order to stay informed.
Assistant City Attorney Poehler explained how the notification process works with
the published notices and mailings. She indicated that the City is not required to
notify every property owner for Comprehensive Plan updates.
Mr. Licht responded to Mr. Jenson s concern and indicated that the existing
Medium Density Residential land use zoning for the north half of the Vermillion
•
Planning Commission Meeting
March 6, 2008
Page 18
Ridge Estates plat was consistent with the surrounding area and staff does not
support an increase in the land use intensity.
Mr. Licht explained each of the different land use classifications which Ms. Lampert
questioned. He stated that they are used as a guide when developing the City just
like the rest of the designations on the Land Use Map.
City staff presented a history of the Jackson parcel zoning. Mr. Morey indicated
that it was rezoned to PUD in the late 1980's. It has an underlying zoning of C-3,
General Commercial District. The PUD designation provides some control of the
landscape supply operation on the site by the City and allows the owners of the
property to maintain the business as a legal, non-conforming use.
Mr. Rubash stated that the Jackson property is a very challenging site to develop
due iYs proximity to Lee Lake and the amount of wetlands on the property. He
identified the issues associated with the development of this property to address
Shoreland, environmental and storm water management concerns.
Commissioner Lillehei asked what would qualify as an O-R designation. Mr. Licht
cited the existing O-R developments in the City.
Ms. Lampert commented that there is an inadequate transition between the Kent 46
commercial development and the Kenwood Oaks single family neighborhood. She
believes C-3 zoning is not compatible with the neighborhood and felt the City
needed to learn from past mistakes.
Commissioner Lillehei asked if there would be an opportunity to review the
Zoning Ordinance performance standards in 2009. Mr. Morey stated that the entire
Zoning Map and Zoning Ordinance will be reviewed and updated in 2009 to reflect
and be consistent with the 2008 Comprehensive Plan.
Mike Jackson, 16562 Linch Path
Mr. Jackson indicated that during the last Comprehensive Plan update his property
used to be zoned R-A, Rural/Agricultural, then was rezoned to RS-l, Single Family
Residential and then was rezoned back to R-A. He wanted to clarify that his
property will remain zoned R-A. Mr. Licht stated that his property will be zoned
R-A, Rural Agricultural, consistent with the draft 2008 Comprehensive Plan, as
requested.
08.21 Motion was made and seconded to close the public hearing at 11:22 p.m.
• Ayes: 5 Nays: 0
Planning Commission Meeting
March 6, 2008
Page 19
•
08.22 Motion was made and seconded to recommend to City Council approval of the
Draft 2008 Comprehensive Land Use Plan for the required agency and public
review.
Ayes: Davis, Manikowski, Lillehei, Drotning, Grenz.
Nays: 0
There being no further business, the meeting was adjourned at 11:25 p.m.
Respectfully submitted, ATTES
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Penny Br ig, Recording S~ tart' Karl Drotning, Chair
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